Development of Adoption throughout History and Contemporary Legal and Social Challenges in the Field of Protection of Children without Parental Care Cover Image

Razvoj usvojenja kroz istoriju i savremeni pravni i društveni izazovi u oblasti zaštite dece bez roditeljskog staranja
Development of Adoption throughout History and Contemporary Legal and Social Challenges in the Field of Protection of Children without Parental Care

Author(s): Ana Čović
Subject(s): Civil Law
Published by: Удружење за европско право - Центар за право Европске уније
Keywords: child's rights; adoption; children without parental care; adoptee; adoptive parent; comparative law

Summary/Abstract: The paper will describe the development of the institution of adoption throughout history, from the period of gentile organizations to the adoption of civil codes. Also, legal solutions in the field of adoption in the legislation of the Kingdom of Yugoslavia will be analyzed, namely solutions from the Serbian Civil Code, the General Civil Code of Austria, the Hungarian law that was valid in Vojvodina, as well as the influence of common law and Sharia religious law on the institution of adoption. After that, in the analysis of legal solutions in the period after the Second World War, a parallel will be made between the legal solutions provided for by the Law on Adoption of the Federal Republic of Yugoslavia from 1946, and the Law on Adoption of the SR of Serbia from 1976, the Law on Marriage and Family Relations from 1980 and the Family Law of the Republic of Serbia from 2005, as well as an overview of the roles and tasks of guardianship authorities in the stages of establishment and implementation of adoption. By analyzing the legal solutions that regulate adoption in Serbia, as well as the regulations and experiences of other countries, in order to encourage new solutions that can be applied in the domestic legal system, it is possible to improve the care of children without parental care and improve the position of adopted children.

  • Issue Year: 25/2023
  • Issue No: 1
  • Page Range: 41-72
  • Page Count: 32
  • Language: Serbian
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